Ch18 Terminology Flashcards

1
Q

Acceptance

A

Assents to the terms of the offer

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2
Q

Avoid

A

to annul, cancel, or make void. to get out a voidable contract; repudiate

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3
Q

Bargain

A

agreement

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4
Q

Bilateral Contract

A

a contract containing two promises, one made by each party

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5
Q

Capacity

A

legal competency

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6
Q

Click-wrap Agreement

A

an advertising contract online in which the offered enters into a contract by clicking on a dialog box on an internet website

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7
Q

Condition Precedent

A

an event that must first occur before an agreement or deed or will becomes effective

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8
Q

Contract

A

any agreement that is enforceable in a court of law

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9
Q

Contract Implied In Fact

A

a contract imposed by law to prevent unjust enrichment

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10
Q

Counteroffer

A

a response to an offer in which the terms of the original offer are changed

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11
Q

Disaffirm

A

to get out of a voidable contract; repudiate

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12
Q

E-contract

A

contracts entered into over the internet, including licenses to use software

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13
Q

Executed

A

carried out or performed

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14
Q

Executory

A

that which is yet to be executed or performed

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15
Q

Express Contract

A

a contract in which the terms are stated or expressed by the parties

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16
Q

Implied Contract

A

a contract in which the terms are not stated or expressed b the parties

17
Q

Infant

A

the legal name for a minor

18
Q

Invitation to Deal/Invitation to Negotiate

A

a request to an individual or to the public to make an offer.

19
Q

Majority

A

full age; adulthood

20
Q

Minor

A

a person under the age of majority; usually under 18

21
Q

Necessaries

A

food, clothing, shelter, and medical care that are needed by an infant, but not supplied by a parent or guardian

22
Q

Nullity

A

nothing; as though it had not occurred

23
Q

Offer

A

a proposal made by an offeror

24
Q

Offeree

A

one to whom an offer is made

25
Q

Offeror

A

one who makes an offer

26
Q

Quasi

A

as if; almost as it were

27
Q

Quasi Contract

A

a contract imposed by law to prevent unjust enrichment.

28
Q

Ratify

A

approve; confirm

29
Q

Rejection

A

the refusal by an offeree of an offer

30
Q

Restitution

A

restoration made to an injured person to his or her original position prior to a loss

31
Q

Revocation

A

the act of revoking; the taking back of an offer by an offeror before it has been accepted

32
Q

Unenforceable Contract

A

a contract that cannot be enforced for some legal reason

33
Q

Unilateral Contract

A

a contract containing one promise in exchange for an act

34
Q

Unjust Enrichment

A

the situation that occurs when one person retains money, property, or other benefit that in equity and justice belongs to another

35
Q

Valid

A

good; having legal effect

36
Q

Void

A

not good; having no legal effect

37
Q

Voidable

A

capable of being disaffirmed or voided